Kansas - U.S. Notary Reference
Last updated: April 17, 2024
QUICK FACTS
Notary Jurisdiction
Statewide (KSA 53-5a10[a][1]).
Notary Term Length
Four years (KSA 53-5a22[f]).
Notary Bond
$12,000 (KSA 53-5a22[a][2]).
Notary Seal
Required (KSA 53-5a16[b]).
Notary Journal
Required (KSA 53-5a20).
ADMINISTRATION AND RULES
Commissioning Official
The Kansas Secretary of State appoints, regulates, and maintains records on the state’s Notaries (KSA 53-5a22[a], 53-5a24, and 53-5a27).
Contact Information
Address: Office of Secretary of State
Notary Clerk
Memorial Hall, 1st Floor
120 S.W. 10th Ave.
Topeka, KS 66612-1594Phone: 785-296-4564
Website: https://www.sos.ks.gov/general-services/notary.html
Laws, Rules and Guidelines
Laws: Most Notary statutes are in the Kansas Statutes Annotated (KSA), Chapter 53, “Notaries Public and Commissioners”: Article 1, “Notaries Public”; and Article 5a, “Revised Uniform Law on Notarial Acts.”
Guidelines: Other guidelines for Notaries are in the “Kansas Notary Public Handbook” (NPH) published by the Kansas Secretary of State (updated July 20, 2022).
Regulations: Temporary regulations are in the Kansas Administrative Regulations (KAR), Agency 7, “Secretary of State,” Article 43, “Electronic Notarization.”
COMMISSION AND APPOINTMENT
Commission Process
Qualifications: An applicant for a Kansas Notary Public commission must (KSA 53-5a22[c])):
(a) be at least 18 years of age;
(b) be a citizen of the United States;
(c) be a resident of this state or be a resident of a state bordering on this state and have a regular place of employment or practice in this state;
(d) be able to read and write the English language; and
(e) not be disqualified to receive a commission by K.S.A. 53-5a24.Course: Not required.
Exam: Not required.
Application
Mail or Online Filings: Applicants for a Kansas Notary commission may file an application in one of three ways:
By completing a paper application (Form NO) and filing it by mail.
By completing Form NO and uploading it on the Secretary of State’s Online Notary portal.
By completing an electronic application and uploading additional forms for the Notary Public oath (Form NO-O) and surety bond (Form NO-S), and an image of the applicant’s official stamp on the Secretary of State’s Online Notary portal.
Notary Official Stamp: A Notary seal must be obtained before submitting the application (KSA 53-5a22[a][4]) and an impression of this seal must be affixed on the paper application (Form NO) or an image of the official stamp may be uploaded on the Secretary’s Online Notary portal (if the applicant completes the electronic form on the Secretary’s Online Notary portal). If the applicant opts to use more than one official stamp, an impression of each must be affixed to Form NO or uploaded on the Online Notary portal.
Bond: A section of Form NO (if a paper application form is completed) or Form NO-S (if the applicant completes the electronic form on the Secretary’s Online Notary portal) must be completed by the surety for the $12,000 Notary bond. An attorney in fact for a commercial insurance or bonding company that is licensed to do business in the state must sign this part of the application and affix a corporate seal or attach a power of attorney.
Oath: Form NO or Form NO-O (if the applicant completes the electronic form on the Secretary’s Online Notary portal) must be sworn to before another Notary (who must sign and affix his/her seal to form). If Form NO-O is used (for filing online) it must be uploaded on the Secretary’s Online Notary portal.
Fee: The application fee, payable by check or money order if filing by mail, or by credit card if filing online, is $25.
Background Screening: Not required.
Reappointment: “A notary public’s commission may not be automatically renewed. A notary public who desires to renew a commission shall be qualified and apply for a new commission pursuant to this section” (KSA 53-5a22[k]).
“Any notary public commission … may be renewed in the manner and on the form used to file an initial application for a notary commission …, along with payment of the prescribed fees” (KAR 7-43-12[a]).
“Any application for renewal of a notary public commission may be submitted to the secretary no sooner than 90 days before the expiration of the notary public’s commission. Upon the receipt of a completed application and approval by the secretary, a notary commission shall be issued to the applicant” (KAR 7-43-12[b]).
“After the secretary approves the notary public commission renewal, if the notary public intends to continue performing notarial acts on electronic records or for remotely located individuals, the notary public shall submit a notification and the fee pursuant to K.A.R. 7-43-11” (KAR 7-43-12[c]).Non-Residents: Any resident of a bordering state who regularly works or carries on a business or profession in Kansas may become a Kansas Notary (KSA 53-5a22[c][3]).
No Immunity or Benefit: “A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by law of this state on public officials or employees” (KSA 53-5a22[g]).
Not a State Officer: “A notary public shall not be considered a state officer” (KSA 53-5a22[g]).
Notification to Perform In-Person Electronic and Remote Notarial Acts
Notification
In-Person Electronic Notarial Acts: “Before a notary public performs the notary public’s initial notarial act with respect to an electronic record, a notary public shall notify the secretary of state that the notary public will be performing notarial acts with respect to electronic records, identify the technology the notary public intends to use and provide evidence of completion of the course of study and passing of the examination required by [KSA] 53-5a23, and amendments thereto. If the secretary of state has established standards in rules and regulations for approval of technology pursuant to [KSA] 53-5a27, and amendments thereto, the technology shall conform to such standards. If the technology conforms to the standards, the secretary of state shall approve the use of the technology. A notary public notifying the secretary of state pursuant to this section shall pay an information and services fee in an amount determined by the secretary of state adopted in rules and regulations, not to exceed $25”(KSA 53-5a21[b]).
Steps Prior to Performing IPENs: “Prior to performing IPEN, a notary must:
“• Select a notary technology provider, obtain an electronic signature, electronic stamp, and digital certificate (used to securely affix the notary’s signature to the notarized document).
“• A notary must ensure the technology they choose to perform IPEN complies with state law and regulation.
“• The notary technology provider should be able to provide this assurance to the notary. Notaries should choose an IPEN provider from the list of technology providers on file with Secretary of State. The list of available providers is obtained on our web based resources.
“• Have a commission number issued to the notary after submitting Form NO.
“• Complete required testing and training and submit along with Form NC.
“• Complete Form NC to notify the Secretary of State that the notary will provide IPEN services, provide a copy of the electronic stamp to the Secretary of State, and pay the appropriate fee” (NPH)Exam and Course
Requirement: “(a) Before a notary public performs the notary public’s initial notarial act with respect to an electronic record, a notary public shall pass an examination administered by the secretary of state or an entity approved by the secretary of state. The examination shall be based on the course of study described in subsection (b).
“(b) The secretary of state or an entity approved by the secretary of state shall offer regularly a course of study to notaries public in this state. The course shall cover the laws, rules, procedures and ethics relevant to notarial acts with respect to electronic records” (KSA 53-5a23).Unlimited Exam Retakes: “Any notary public may take the examination as many times as needed to achieve a passing score” (KAR 7-43-9[a]).
Proof of Completion: “Each notary public shall provide the secretary with proof of successful completion of the examination as part of the notification to perform notarial acts on electronic records or for remotely located individuals” (KAR 7-43-9[b]).
Fee: $20 (KAR 7-43-11[a]).
Renewal: “After the secretary approves the notary public commission renewal, if the notary public intends to continue performing notarial acts on electronic records …, the notary public shall submit a notification and the fee pursuant to K.A.R. 7-43-11” (KAR 7-43-12[c]).
Remote Notarial Acts: “Before a notary public performs the notary public's initial notarial act under this section, the notary public shall notify the secretary of state that the notary public will be performing notarial acts with respect to remotely located individuals, identify the technologies the notary public intends to use and provide evidence of completion of the course of study and passing of the examination required by K.S.A. 2023 Supp. 53-5a23, and amendments thereto. If the secretary of state has established standards in rules and regulations adopted pursuant to K.S.A. 2023 Supp. 53-5a27, and amendments thereto, for approval of communication technology or identity proofing, the communication technology and identity proofing shall conform to the standards” (KSA 53-5a15[f]).
Course and Exam: For the requirement that Notaries Public must pass an examination based on a course of study offered by the Secretary of State, see “Course and Exam” under “Electronic Notarial Acts,” above.
Fee: $20 (KAR 7-43-11[b]).
Renewal: “After the secretary approves the notary public commission renewal, if the notary public intends to continue performing notarial acts … for remotely located individuals, the notary public shall submit a notification and the fee pursuant to K.A.R. 7-43-11” (KAR 7-43-12[c]).
Online Search
A downloadable list of all Kansas Notaries Public in CSV format may be obtained from the Secretary of State’s website (website, “Search for a Notary Public”).
Jurisdiction
“A notarial act may be performed in this state by … [a] notary public of this state” (KSA 53-5a10[a][1]).
Term Length
“The secretary of state shall issue a commission as a notary public to an applicant for a term of four years.…” (KSA 53-5a22[f]).
Bond
Requirement: Kansas law requires Notaries to have a $12,000 assurance in the form of a surety bond or its functional equivalent that is issued by a surety or other entity licensed or authorized to do business in Kansas (KSA 53-5a22[a][2]).
“Each surety bond for a notary public shall be a commercial surety bond from an insurance company licensed to do business in Kansas. The surety bond shall be written for a term of four years, covering the dates of the notary public’s commission” (KAR 7-43-10).
“A notary public may perform notarial acts in this state only during the period that a valid assurance is on file with the secretary of state” (KSA 53-5a22[d]).Liability of Notary, Surety: “If a notary public violates law with respect to notaries public in this state, the surety or issuing entity is liable under the assurance” (KSA 53-5a22[d]).
Statute of Limitations: “No suit shall be instituted against a notary public or the surety or issuing entity under the notary public’s assurance more than three years after the cause of action accrues” (KSA 53-5a22[d]).
Payment of Claim: “The surety or issuing entity shall notify the secretary of state not later than 30 days after making a payment to a claimant under the assurance or the denial of a claim under the assurance” (KSA 53-5a22[d]).
Cancellation of Assurance: “The surety or issuing entity shall no longer be liable on such assurance 30 days after receipt of such notice by the secretary of state. Whenever the secretary of state receives such notice of intent to cancel a notary public’s assurance, the secretary of state shall notify the affected notary public that unless such notary public files another assurance satisfying the requirements of this subsection with the secretary of state on or before the cancellation date, then such notary public will no longer be authorized to perform notarial acts within this state” (KSA 53-5a22[a][2]).
“If the employer cancels the notary’s surety bond, the notary may purchase a new bond to continue their commission” (NPH).
Changes of Status
Name Change: “If a notary public changes name by any legal action, such notary shall obtain a new official stamp that meets the requirements established by K.S.A. 2021 Supp. 53-5a18, and amendments thereto, and the stamp shall contain the new name of the notary public. Prior to performing any acts as a notary public after such change, the notary shall mail or deliver to the secretary of state notice of the change of name and shall include a specimen of the new stamp and a specimen of the notary’s new official signature” (KSA 53-5a22[h]).
Address Change: Any change of mailing address by the Notary must be reported to the Secretary of State on (on Form NC “Notary Public Change of Status” available on the Secretary of State’s website).
New Stamp: “If a notary public obtains a new stamp for any reason, the notary shall mail or deliver to the secretary of state notice of the change of stamp that shall include an impression of the new stamp” (KSA 53-5a22[i]).
Resignation: “An individual may resign from the office of notary public by sending by mail or delivering to the secretary of state a notification of the individual’s resignation or intent or desire to resign. The individual’s commission as notary public shall terminate upon delivery of the notification” (KSA 53-5a22[j]).
NOTARIAL ACTS
Authorized Acts
Notarial Acts: Kansas Notaries are authorized to perform the following notarial acts (KSA 53-5a02[e] and 53-5a04[a]):
Take acknowledgments;
Administer oaths and affirmations;
Take verifications upon oath or affirmation;
Witness or attest signatures;
Certify or attest copies;
Note protests of negotiable instruments.
In-Person Electronic and Remote Notarial Acts: Kansas Notaries who have notified the Secretary of State that they will be performing technology-based notarial acts may perform any of the notarial acts listed above electronically or remotely.
Acknowledgments
Definitions
Acknowledgment: “‘Acknowledgment’ means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record” (KSA 53-5a02[a]).
In a Representative Capacity: “"In a representative capacity" means acting as:
“(1) An authorized officer, agent, partner, trustee or other representative for a person other than an individual;
“(2) a public officer, personal representative, guardian or other representative, in the capacity stated in a record;
“(3) an agent or attorney-in-fact for a principal; or“(4) an authorized representative of another in any other capacity” (KSA 53-5a02[d]).
Requirements
Identity of Principal: “A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed …” (KSA 53-5a05[a]).
Signature of Principal: “A notarial officer who takes an acknowledgment of a record shall determine … that the signature on the record is the signature of the individual” (KSA 53-5a05[a]).
“When requesting an acknowledgment, the signer may, but is not required to, sign the document in the presence of the notary” (NPH).Acknowledgment of Principal: The individual making the acknowledgment must verbally “declare” (acknowledge) to the Notary (KSA 53-5a02[a]):
Signature: The individual must acknowledge that “the individual has signed a record for the purpose stated in the record….”
Representative Capacity and Authority: If the individual has or is signing the record in a representative capacity, the individual must declare “that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record.”
Proofs
Authorization: “If the grantor dies before acknowledging the deed, or if for any other reason the grantor’s attendance cannot be procured, in order to make the acknowledgment, or if, having appeared, the grantor refuses to acknowledge it, proof of the due execution and delivery of the deed may be made by any competent testimony” (KSA 58-2214).
Requirements: “The certificate endorsed upon the deed thus proved must state: First. The title of the court or office taking the proof. Second. That it was satisfactorily proved that the grantor was dead, or that, for some other cause, the grantor’s attendance could not be procured, in order to make the acknowledgement, or that, having appeared, he or she refused to acknowledge the deed. Third. The names of the witnesses by whom the proof was made, and that it was proved by them that the instrument was executed by the person whose name is thereunto subscribed as a party” (KSA 58-2216).
Oaths and Affirmations
Standards: “To administer an oath or affirmation a notary must:
”1. Require the personal appearance of the person who is taking the oath or making the affirmation.*
”2. Administer the oath or affirmation.
”3. Record the notarial act in the notary’s journal.
“*If the notary is performing a notarial act for a remotely located individual, the personal appearance requirement can be satisfied by the use of a RON platform that meets the requirements in state law and regulation” (NPH).Ceremony: “All oaths shall be administered by laying the right hand upon the Holy Bible or by the uplifted right hand” (KSA 54-102).
Form
Oaths: “All oaths shall commence and conclude as follows: ‘You do solemnly swear,’ etc.; ‘So help you God’” (KSA 54-104).
Oaths of Office: The oath-of-office wording for all officers elected or appointed under any law of the state of Kansas is as follows (KSA 54-106): “I do solemnly swear (or affirm, as the case may be) that I will support the constitution of the United States and the constitution of the state of Kansas, and faithfully discharge the duties of ________, so help me God.”
Affirmations: “Affirmations shall commence and conclude as follows: ‘You do solemnly, sincerely and truly declare and affirm,’ etc.; ‘And this you do under the pains and penalties of perjury’” (KSA 54-104).
Verifications
Definition: “‘Verification upon oath or affirmation’ means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true” (KSA 53-5a02[o]).
Requirements
Identity of Principal: “A notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed …” (KSA 53-5a05[b]).
Signature of Principal: “A notarial officer who takes a verification of a statement on oath or affirmation shall determine … that the signature on the statement verified is the signature of the individual” (KSA 53-5a05[b]).
The short form notarial certificate for a verification on oath or affirmation indicates that the record must be signed before the notarial officer taking the verification (KAR 7-43-17[a][3]).Oath/Affirmation: The short form certificate of notarial act for a verification on oath or affirmation (KAR 7-43-17[a][3]) states, “Signed and sworn to (or affirmed) before me …” indicating that the notarial officer performing the verification must administer an oath or affirmation to the principal.
Witness Signature: The short form certificate of notarial act for a verification on oath or affirmation (KAR 7-43-17[a][3]) states, “Signed and sworn to (or affirmed) before me …” indicating that the notarial officer performing the verification must personally witness the principal sign the record.
Signature Witnessings or Attestations
Requirements
Identity of Principal: “A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed” (KSA 53-5a05[c]).
Signature of Principal: The short form notarial certificate for a signature witnessing or attestation indicates that the record must be signed before the notarial officer (KAR 7-43-17[a][4]).
“If a document is brought to the notary that already has been signed, the notary may notarize the document by requiring the signer to sign the document again in the presence of the notary. It is not necessary to cross out the first signature; the signer should sign the document as close to the first signature as possible. The notary may then notarize the document” (NPH).Witness Signature: The short form certificate of notarial act for a signature witnessing (KAR 7-43-17[a][4]) states, “Signed (or attested) before me …” indicating that the notarial officer performing the signature witnessing must personally witness the principal sign the record.
Copy Certifications
Requirements
Full, True, and Accurate: “A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true and accurate transcription or reproduction of the record or item” (KSA 53-5a05[d]).
Personal Appearance Not Required: “A document for which a certified copy is requested is not required to be presented by the signer to the notary and the signer is not required to be in the physical presence of the notary at the time the copy is certified” (NPH).
Public Documents Prohibited: “Public documents on file with a public office or agency must be certified by that office or agency. Public documents include:
”• Court records, which are certified by the court that retains the original court records.
”• Business formation documents and subsequent business documents, such as annual reports, amendments, or mergers, which are certified by the Secretary of State.
”• Birth, death, and marriage certificates that are certified by the Office of Vital Statistics, Kansas Department of Health and Environment.
“Some public documents contain a warning that the document is not to be copied. A notary should not copy and certify such documents. A notary may be sanctioned by the Secretary of State for providing a certified copy of such a document” (NPH).
Paper Printout of Electronic Record: “A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record” (KSA 53-5a04[7][b]).
Protests
Definition: “A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs” (KSA 84-3-505[b]).
Requirements: “A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters provided in K.S.A. 84-3-505(b), and amendments thereto” (KSA 53-5a05 [e]).
“[A protest] may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties” (KSA 84-3-505[b]).
In-Person Electronic Notarial Act
Definition: “An in-person electronic notarization is “[a] notarial act in which the signer of a document affixes an electronic signature to an electronic document and the notary electronically notarizes the document by placing the notary’s electronic signature and stamp on the document and affixing or logically associating the notary’s digital certificate, which secures the document and makes it tamper-evident” (NPH).
STANDARDS OF PRACTICE
Personal Appearance
Notarial Acts: “If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer” (KSA 53-5a06[a]).
The standards for taking an acknowledgment (KSA 53-5a05[a]), taking a verification on oath or affirmation (KSA 53-05[b]), and witnessing or attesting a signature (KSA 53-5a05[c]) require the individual taking the acknowledgment or verification on oath or affirmation, or executing the signature to be present before the notarial officer.
“Generally, notarial acts require the person signing a document to be in the physical presence of the notary at the time the document is signed and notarized. This includes when a signer requests a notary to: witness or attest to a signature, administer an oath or affirmation, take a verification of a statement upon oath or affirmation, or make or note a protest of a negotiable instrument. A signer also must personally appear before a notary when requesting an acknowledgment, to verify to the notary that the signature on the document belongs to the signer” (NPH).Remote Notarial Acts: “A remotely located individual may comply with K.S.A. 2021 Supp. 53-5a06, and amendments thereto, by using communication technology to appear before a notary public” (KSA 53-5a15[a]).
Identification
Notarial Acts
Requirement: Notaries Public who take an acknowledgment or verification on oath or affirmation, or who witness or attest a signature must determine from personal knowledge or satisfactory evidence of the identity of the individual, that the individual requesting the acknowledgment, verification on oath or affirmation, or signature witnessing is the person he or she claims to be (KSA 53-5a05[a], [b], and [c]).
Personal Knowledge: “A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed” (KSA 53-5a07[a]).
Satisfactory Evidence: “A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual:
“(1) By means of:
“(A) A passport, driver’s license or government-issued nondriver identification card that is current or expired not more than three years before performance of the notarial act; or
“(B) another form of government identification issued to an individual that is current or expired not more than three years before performance of the notarial act, contains the signature and a photograph of the individual and is satisfactory to the officer; or
“(2) by a verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify on the basis of a passport, driver’s license or government-issued nondriver identification card that is current or expired not more than three years before performance of the notarial act” (KSA 53-5a07[b]).Additional Information or Credentials: “A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual” (KSA 53-5a07[c]).
Remote Notarial Acts
Definition: “'Identity proofing' means a process or service by which a third person provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources” (KSA 53-5a15[g][3]).
Requirement: “A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if … The notary public:
“(A) Has personal knowledge under K.S.A. 2023 Supp. 53-5a07(a), and amendments thereto, of the identity of the individual;
“(B) has satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the notary public under this section or [KSA] 53-5a07(b), and amendments thereto; or
“(C) has obtained satisfactory evidence of the identity of the remotely located individual by using at least two different types of identity proofing” (KSA 53-5a15[b][1]).Credible Witnesses: “Any notary public may obtain satisfactory evidence of the identity of a remotely located individual by oath or affirmation of a credible witness by means of one of the following:
“(1) Having personal knowledge of the identity of the credible witness by the notary public;
“(2) presenting an identification credential to the notary public, as required by K.S.A. 2021 Supp. 53-5a07(b)(2) and amendments thereto, if the credible witness is in the same location as the notary public; or
“(3) utilizing the multifactor authentication procedure required by this regulation for verifying the identity of a remotely located individual and visually inspecting the identification credential presented by the credible witness if the witness is not in the same location as the notary public” (KAR 7-43-18[b]).Multifactor Authentication Standards: A credential analysis procedure used as a form of identity proofing must: “(1) Analyze the identification credential presented by the remotely located individual against trusted third-person data sources using a process that shall, at a minimum, meet the following requirements:
“(A) Use public or private data sources to confirm the validity of the identification credential;
“(B) use automated software processes to aid the notary public in verifying the identity of each remotely located individual;
“(C) require that the identification credential pass an authenticity test, consistent with sound commercial practices that use appropriate technologies to confirm the integrity of visual, physical, or cryptographic security features; confirm that the identification credential is not fraudulent or inappropriately modified; and provide the results of the authenticity test to the notary public; and
“(D) use information held or published by the issuing source or an authoritative source, as available and consistent with sound commercial practices, to confirm the validity of personal details and identification credential details” (KAR 7-43-18[a][1]).Knowledge-Based Authentication Standards: A knowledge-based authentication assessment that is used as a form of identity proofing must: “verify the remotely located individual’s identity by requiring the individual to answer a quiz consisting of at least five questions related to the individual’s personal history or identity and formulated from public or private data sources, as follows:
“(A) The quiz shall meet the following requirements:
“(i) Each question shall have at least five possible answer choices;
“(ii) at least 80 percent of the questions shall be answered correctly; and
“(iii) all questions shall be answered within two minutes;
“(B) if the remotely located individual fails to answer at least 80 percent of the questions correctly on the first attempt, the individual may retake the quiz one time within 24 hours. During a retake of the quiz, at least 40 percent of the prior questions shall be replaced;
“(C) if the remotely located individual fails the second attempt, the individual shall not be allowed to retake the quiz with the same notary public within 24 hours of the second failed attempt; and
“(D) the notary public shall not be able to see or record the questions or answers. However, the results indicating passage or failure of the quiz shall be provided to the notary public” (KAR 7-43-18[a][2]).Remote Presentation of ID, Inspection of Individual: “The notary public shall compare for consistency the information and photo on the identification credential presented by the remotely located individual with the remotely located individual when viewed by the notary public in real time through communication technology. The image resolution of the communication technology being used shall be sufficient to enable visual inspection by the notary public, including legible text and the clarity of identification credential features” (KAR 7-43-18[b]).
Interruption of Identification Process: “If a remotely located individual must exit the notarization session at any point, the notary public shall reverify the identity of the remotely located individual as required by this regulation” (KAR 7-43-18[d]).
Refusal of Services
Specific Grounds
Competence: “A notarial officer may refuse to perform a notarial act if the officer is not satisfied that the … [i]ndividual executing the record is competent or has the capacity to execute the record….” (KSA 53-5a08[a][1]).
Willingness: “A notarial officer may refuse to perform a notarial act if the officer is not satisfied that the … [i]ndividual’s signature is knowingly and voluntarily made” (KSA 53-5a08[a][2]).
General Grounds: “ A notarial officer may refuse to perform a notarial act unless refusal is prohibited by a state or federal law” (KSA 53-5a08[b]).
Signature by Proxy
“If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual’s name on the record. The notarial officer shall insert: “Signature affixed by (name other than the individual) at the direction of (name of individual)” or similar words” (KSA 53-5a09[a]).
Disqualifying Interest
Personal: “A notary public may not perform a notarial act with respect to a record to which the officer … is a party or … has a direct financial or beneficial interest” (KSA 53-5a25[b]).
Relatives: “A notary public may not perform a notarial act with respect to a record to which the officer’s spouse is a party … or has a direct financial or beneficial interest” (KSA 53-5a25[b]).
Direct Financial or Beneficial Interest: “For purposes of [KSA 53-5a25](b), a notarial officer has a direct financial or beneficial interest in a transaction if the notarial officer:
“(1) With respect to a financial transaction, is named in a record, individually, as a principal to the transaction; or
“(2) with respect to a real property transaction, is named in a record, individually, as a grantor, grantee, mortgagor, mortgagee, trustor, trustee, beneficiary, vendor, vendee, lessor or lessee to the transaction” (KSA 53-5a25[c]).Exceptions: “For purposes of [KSA 53-5a25](b), a notarial officer has no direct financial or beneficial interest in a transaction when the notarial officer acts in the capacity of an agent, employee, insurer, attorney, escrow agent or lender for a person having a direct financial or beneficial interest in the transaction” (KSA 53-5a25[d]).
Unauthorized Practice of Law
No Authority: “A commission as a notary public does not authorize an individual to:
“(1) Assist persons in drafting legal records, give legal advice or otherwise practice law;
“(2) act as an immigration consultant or an expert on immigration matters;
“(3) represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship or related matters; or
“(4) receive compensation for performing any of the activities listed in this subsection” (KSA 53-5a25[a]).
False or Deceptive Advertising
General Prohibition: “A notary public shall not engage in false or deceptive advertising” (KSA 53-5a25[e]).
‘Notario Publico’: “A notary public, other than an attorney licensed to practice law in this state, may not use the term ‘notario’ or ‘notario publico’ or any equivalent non-English term in any business card, advertisement, notice or sign” (KSA 53-5a25[f]).
Misrepresentation: “A notary public shall not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice or otherwise practice law” (KSA 53-5a25[g]).
Mandatory Notice: “If a notary public who is not an attorney licensed to practice law in this state in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media, and the internet, the notary public shall include the following statement, or an alternate statement authorized or required by the secretary of state, in the advertisement or representation, prominently and in each language used in the advertisement or representation and in each language in which notarial services are offered: “I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.” If the form of advertisement or representation is not broadcast media, print media or the internet and does not permit inclusion of the statement required by this subsection because of size, it shall be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed” (KSA 53-5a25[g]).
In-Person Electronic Notarization
Applicable Law
Uniform Electronic Transactions Act: Kansas has adopted the Uniform Electronic Transactions Act (KSA 16-1601 through 16-1620), including the provision on notarization and acknowledgment, which has been amended to authorize the Kansas Secretary of State to set rules for electronic notarization. The Act recognizes the legal validity of electronic signatures used by Notaries: “If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record” (KSA 16-1611).
Uniform Real Property Electronic Recording Act: Kansas adopted the Uniform Real Property Electronic Recording Act (URPERA) (KSA 58-4401 through 58-4407). The provision related to notarization and acknowledgment of real property records reads, “A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression or seal is not required to accompany an electronic signature” (KSA 58-4403[c]).
Kansas Administrative Regulations: The Kansas Secretary of State has adopted permanent regulations for notarizations on electronic records (KAR 7-43-7 et seq.). Those regulations are summarized below.
Technology Systems
Approval of System Providers: Required.
List of Approved Systems: A list of approved remote notarization system providers may be found on the Secretary of State’s website at https://www.sos.ks.gov/general-services/notary_public/RON-Vendor-List.pdf (“RON/IPEN Vendor List”). A system provider may apply to be approved as a vendor by completing the application on the Secretary’s website (website, “RON/IPEN Provider Application”).
Notary Laws Apply: “An [in-person electronic notarization] is subject to the same requirements as a notarization performed on a paper document; the only difference is that the signature of the signer and the notary stamp and signature are affixed to the document electronically. This includes the requirement that the signer of the document must be in the physical presence of the notary at the time the document is notarized” (NPH).
Tamper-Evident Technology
Selection by Notary: “A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person shall not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected” (KSA 53-5a21[a]).
Standards: “If the secretary of state has established standards in rules and regulations for approval of technology pursuant to K.S.A. 2021 Supp. 53-5a 27, and amendments thereto, the technology shall conform to such standards. If the technology conforms to the standards, the secretary of state shall approve the use of the technology” (KSA 53-5a21[b]).
Digital Certificate
Definition: “'Digital certificate' has the meaning specified for “certificate” in K.A.R. 7-41-1” (KAR 7-43-7[a]).
Minimum Standards: "'Certificate' means a computer-based record or electronic message that at a minimum meets the following conditions:
“(1) Identifies the registered certification authority issuing the certificate;
“(2) names or identifies a subscriber;
“(3) contains the public key of the subscriber;
“(4) identifies the period of time during which the certificate is effective; and
“(5) is digitally signed by the registered certification authority” (KAR 7-41-1[a]).Requirements: “The digital certificate shall have tamper-evident technology meeting the following requirements:
“(A) The name on the electronic official stamp shall match the name, as stated on the application, under which the notary public is commissioned and performs all remote notarial acts.
“(B) The technology used to attach an electronic signature to a document shall allow the notary public’s electronic signature to meet the following requirements:
“(i) Be attributed or uniquely linked to the notary public;
“(ii) be capable of independent verification;
“(iii) be retained under the notary public’s exclusive control by use of passphrase protection; and
“(iv) be attached to or logically associated with the electronic document to which it relates in such a manner that any subsequent change of the electronic document is detectable” (KAR 7-43-19[d]).Invalid Digital Certificate: “A notary public shall not perform a notarial act with respect to an electronic record if the digital certificate meets any of the following conditions:
“(A) Has expired;
“(B) has been revoked or terminated by the issuing or registering authority;
“(C) is invalid; or
“(D) is incapable of authentication” (KAR 7-43-19[e]).Obtaining a Digital Certificate: “To comply with state law and regulation, the notary’s electronic signature and electronic stamp must be tamper-evident and affixed using a digital certificate. Notary technology providers can provide the notary with the software needed to perform IPEN and also may provide the digital certificate, or it may be purchased separately” (NPH).
Revocation of Digital Certificate: “When a notary public resigns a commission or a notary public’s commission is revoked, the notary public shall request the provider of the notary public’s digital certificate to revoke the digital certificate and provide evidence of the revocation to the secretary” (KAR 7-43-14[e]).
Remote Notarial Acts
Applicable Law
Revised Uniform Law on Notarial Acts: Kansas has enacted the Revised Uniform Law on Notarial Acts provisions related to notarizations with respect to remotely located individuals. These provisions are summarized below.
Kansas Administrative Regulations: The Kansas Secretary of State has adopted permanent regulations for notarizations using communication technology involving remotely located individuals. (KAR 7-43-7 et seq.). Those regulations are summarized below.
Technology Systems
Approval of System Providers: Required.
List of Approved Systems: A list of approved remote notarization system providers may be found on the Secretary of State’s website at https://www.sos.ks.gov/general-services/notary_public/RON-Vendor-List.pdf (“RON/IPEN Vendor List”). A system provider may apply to be approved as a vendor by completing the application on the Secretary’s website (website, “RON/IPEN Provider Application”).
Compliance Requirements
Communication Technology Standards: “The communication technology standards for notarial acts performed for remotely located individuals shall meet the following requirements, and the provider shall submit evidence of compliance to the secretary under penalty of perjury:
“(1) Provide for continuous, synchronous audiovisual feeds of sufficient video resolution and audio clarity to enable the notary public and the remotely located individual to see and speak with each other;
“(2) provide a means for the notary public reasonably to confirm that the electronic record before the notary public is the same record in which the remotely located individual made a statement or on which the remotely located individual executed a signature;
“(3) utilize a means of authentication that reasonably ensures that only the proper parties have access to the audiovisual recording;
“(4) be capable of securely creating and storing or transmitting securely to be stored the recording of the audiovisual communication;
“(5) keep confidential the questions asked as part of any identity proofing quiz and the means and methods used to generate the results of the credential analysis; and
“(6) provide reasonable security measures to prevent unauthorized access to the following:
“(A) The live transmission of the audiovisual communication;
“(B) the recording of the audiovisual communication; and
“(C) the electronic records presented for electronic notarization” (KAR 7-43-21[a]).Identity Proofing, Digital Certificate, Notary Control of Notarial Records: “Any notary public authorized to perform notarial acts for remotely located individuals may use a provider of communication technology and identity proofing if the provider has submitted evidence under penalty of perjury to the secretary and to the notary public that the provider meets the requirements in K.A.R. 7-43-18 and 7-43-19(b), in addition to the following:
“(A) Allowing the notary public sole control of the recording of the notarial act using audiovisual communication, subject to the authorized access granted by the notary public; and
“(B) providing the notary public with access to the recording of the notarial act using audiovisual communication technology” (KAR 7-43-22[a][1]).Backup of Notarial Records: “The provider shall make and retain a secure backup of any record that is related to a notarial act for a remotely located individual
“(A) If the provider of communication technology and the provider of the backup are the same entity and the provider ceases business operations, the provider shall notify the notary public in advance of the cessation of business operations and, at the notary public’s request, shall release any record related to a notarial act performed for a remotely located individual by the notary public.
“(B) If the provider of communication technology and the provider of the backup are separate entities, the provider of communication technology shall sign an agreement with the provider of the backup that includes both of the following requirements:
“(i) If the provider of communication technology or the provider of the backup ceases business operations, the entity ceasing business operations shall notify the other entity and the notary public in advance of the cessation of business operations.
“(ii) At the notary public’s request, the provider of the backup shall release to the notary public any record related to a notarial act for a remotely located individual performed by the notary public” (KAR 7-43-22[a][2]).
Protection of Privacy: “Each provider of communication technology shall protect from unauthorized access the audiovisual recording of each notarial act and any “personal information,” as defined in K.S.A. 50-7a01 and amendments thereto, disclosed during the performance of a notarial act using communication technology. The audiovisual recording shall be created in an industry-standard file format and shall not include images of any electronic record on which the remotely located individual made a statement or on which the remotely located individual executed a signature” (KAR 7-43-22[b]).
System Updates: “Any provider of communication technology may provide a hardware or software update to the technologies that the notary public identified in the notification form to perform notarial acts for remotely located individuals if the hardware or software update is not materially different from the technologies that the notary public identified on the notification form to perform notarial acts for remotely located individuals. The provider of communication technology shall offer an assurance to the notary public that the update does not represent a material difference from the technology that the notary public identified on the notification form provided to the secretary. If the provider of the technology notifies the notary public that the hardware or software update is materially different from the hardware or software identified on the notification form to perform notarial acts for remotely located individuals provided to the secretary, the notary public shall update the technology information with the secretary” (KAR 7-43-22[d]).
Location of Notary: “A notary public shall not perform a notarial act for a remotely located individual if the notary public is not physically located in Kansas at the time of the notarization” (KAR 7-43-22[d]).
Confirmation of Record: “A notary public or notarial officer located in this state may perform a notarial act using communication technology for a remotely located individual if … The notary public … is able reasonably to confirm that a record before the notary public is the same record in which the remotely located individual made a statement or on which the individual executed a signature” (KSA 53-5a15[b][2]).
Security of Communication Technology: “Each notary public shall take reasonable steps to ensure that the communication technology used to perform a notarial act for a remotely located individual is secure from unauthorized interception” (KAR 7-43-22[c]).
Remotely Located Individual Outside the U.S.: “A notary public or notarial officer located in this state may perform a notarial act using communication technology for a remotely located individual if … for a remotely located individual located outside the United States:
“(A) the record:
“(i) Is to be filed with or relates to a matter before a public official or court, governmental entity or other entity subject to the jurisdiction of the United States; or
“(ii) involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States; and
“(B) the act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located” (KSA 53-5a15[b][4]).Recording of Remote Notarial Act: For the requirement that a Notary Public or a person acting on behalf of a Notary must create an audio-visual recording of the remote notarial act, see “Records of Notarial Acts,” below.
Obtaining a Digital Certificate: “[S]ome notary technology providers provide a digital certificate as part of the notary platform, while others may require the notary to purchase a digital certificate separately from another technology provider that offers digital certificates. Please consult with the notary technology provider to make this determination” (NPH).
Withholding Records
“Except as otherwise allowed by law, a notary public shall not withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the notary public” (KSA 53-5a25[h]).
Wills
“The notary should verify the identity of the person signing the will as well as each witness. State law provides that the acknowledgments and affidavits made before a notary regarding a will shall be substantially as follows:
“State of ______________
“County of __________ ss.
“Before me, the undersigned authority, on this day personally appeared __________, __________, and __________, known to me to be the testator and the witnesses, respectively, whose names are subscribed to the annexed or foregoing instrument in their respective capacities, and, all of such persons being by me first duly sworn, such __________, testator, declared to me and to the witnesses in my presence that such instrument is the testator's last will and testament, and that the testator had willingly made and executed it as the testator's free and voluntary act and deed for the purposes therein expressed. Such witnesses, each on the witness' oath stated to me, in the presence and hearing of the testator, that the testator had declared to them that such instrument is the testator's last will and testament, and that the testator executed same as such and wanted each witness to sign it as a witness. Upon their oaths each witness stated further that they did sign the will as witnesses in the presence of each other and in the presence of the testator and at the testator's request, and that the testator at that time possessed the rights of majority, was of sound mind and under no restraint.
______________________________ (Testator)
______________________________ (Witness)
______________________________ (Witness)
Subscribed, acknowledged and sworn to before me by __________, testator, and __________ and __________, witnesses, this _____ day of __________, A.D. __________. (seal)
(Signed) ___(notary signature) ______________________________
(Official capacity of officer, i.e. notary public)” (NPH).
CERTIFICATE OF NOTARIAL ACT
Certificate Requirements
General Requirement: “A notarial act shall be evidenced by a certificate” (KSA 53-5a16[a]).
Specific Requirements: “The certificate … shall:
“(1) Be executed contemporaneously with the performance of the notarial act;
“(2) be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the secretary of state;
“(3) identify the jurisdiction in which the notarial act is performed;
“(4) contain the title of office of the notarial officer; and
“(5) if the notarial officer is a notary public, indicate the notary public’s commission number and the date of expiration of the officer’s commission (KSA 53-5a16[a]).Tangible Records: “If a notarial act regarding a tangible record is performed by a notary public, an official stamp shall be affixed to or embossed on the certificate. If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public and the certificate contains the information specified in subsections [KSA 53-5a16](a)(2), (a)(3) and (a)(4), an official stamp may be affixed to or embossed on the certificate” (KSA 53-5a16[b]).
Electronic Records: “If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in subsections [KSA 53-5a16](a)(2), (a)(3), (a)(4) and (a)(5), an official stamp may be attached to or logically associated with the certificate” (KSA 53-5a16[b]).
Certificate Forms
“The secretary of state shall adopt rules and regulations providing short-form certificates of notarial acts that are sufficient for the purposes indicated if completed with the information required by law” (KSA 53-5a17). These certificate forms appear below.
“A notary should know the correct language to use in a notarial certificate when the signer explains what type of notarial act is needed. A notary may provide a sample of notarial certificates from which the signer may choose. However, the notary may not provide advice or guidance on the type of notarial certificate to be used if the signer does not know what type of notarial act is needed. If the signer does not know the type of notarial certificate that is needed, the signer should consult with the issuer or drafter of the document, the entity that will receive the document, or an attorney for assistance” (NPH).